Violence in prisons
Eight assaults were recorded every week at Doncaster prison last year, making it the adult jail with the highest number of recorded assaults in the country. The prison is one of the private prisons holding adults and is run by Serco. The other prisons with very high assault rates all hold teenagers and children which have always experienced high levels of disorder and violence. Ministry of Justice statistics show there were 393 assaults in Doncaster during 2012.
The total number of assaults in prisons in England and Wales was 14,511 and although this is down 4 per cent on the figure for 2011 it still reveals a prison system that is fostering violence. Prisons recorded 2,987 assaults on staff last year, of which 260 were classed as serious.
The number of self-harm incidents recorded in prisons has also fallen slightly – from 24,648 in 2011 to 23,158 in 2012, and again, it is the private prisons that have the highest recorded rate of self-injury. Peterborough prison, often lauded by justice ministers as a beacon of good practice, recorded 1,256 incidents of prisoners deliberately injuring themselves, the highest in the country.
Of the top five prisons that experienced the highest number of incidents of self-injury, three are private jails. Altcourse is run by G4S and recorded 863 incidents, Bronzefield is a women’s prison run by Sodexo and recorded 770 incidents of self-injury.
Doncaster is one of the most overcrowded prisons, which has traditionally increased its income, although this has been stymied recently as overcrowding has been limited to what is called “operational capacity” so inhibiting the additional payments made to the companies running the prisons. Nevertheless, Doncaster has baseline places for 743 men but in March was holding 1,127. In such crowded conditions, it becomes very difficult to do anything useful with someone’s time in prison and violence becomes rife.
The five most violent prisons in 2012:
1. Feltham, children and young adults males – 689 assaults
2. Ashfield, children, boys – 587 assaults
3. Wetherby, children, boys – 484 assaults
4. Doncaster, young adult and adult men, – 393 assaults
5. Glen Parva, young adult males – 392 assaults
Worst five prisons for self-harm in 2012:
1. Peterborough, adult men and women – 1,256 incidents
2. Foston Hall, women – 874 incidents
3. Altcourse, young adult and adult males – 863 incidents
4. Bronzefield, women – 770 incidents
5. Eastwood Park, women – 756 incidents
April 26, 2013
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Frances Crook ·
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Tags: Ministry of Justice · Posted in: Inside prisons, Prisons
Police cautions
The Magistrates Association raised the issue of cautions recently and in response to the media coverage, the minister for policing, Damian Green, announced that he had ordered a review. The Howard League has been approached by the Ministry of Justice for its views.
The Howard League has been working with police services across the country to support their success in reducing unnecessary arrests of children. We secured universally positive media coverage in December 2012 and March 2013 when we publicised the success of all police forces in reducing child arrests by a third. Our concern therefore is primarily about the use of cautions for children and young people, although the principles apply to adults.
We are encouraging police forces to develop informal restorative responses to childish misbehaviour and to allow frontline officers to use professional discretion in dealing with children.
The reduction in child arrests will impact on the number of cautions issued. However, it may be the case that cautions will continue to represent a similar proportion (just over a third) of criminal justice outcomes.
There is compelling evidence from the USA that processing children through the criminal justice system appears not to have a crime control effect and appears to increase delinquency. This implies that every effort must be made by police to use informal and restorative responses avoiding even a simple caution if possible.
Celerity rather than delayed interventions are the most impactful which means that a simple and quick caution can have the desired effect of reducing the likelihood of the behaviour being repeated.
The evidence suggests that strategies that focus on certainty rather than severity offer the greatest likelihood of a positive deterrent outcome and that celerity is an important component alongside certainty.
‘Repeat’ and ‘persistent’ are different – a 10 year old child caught stealing a sweet and two years later caught spray painting a tag on a bus stop is a ‘repeat’ whereas an adult exposing himself to adult women on buses ten times is ‘persistent’. The minister was quoted as saying cautions should only be used for first timers; this is unjust as it is perfectly reasonable to caution when there is a long time gap, when the age or vulnerability of the person is taken in account, when the offence circumstances dictate or the offence is different, and when a repeat offence is trivial. This is a more challenging political argument to make to the public, nevertheless, it is important for political leaders to understand the difference and not to talk in public in simplistic and erroneous terms.
The evidence underlines the need to give 17 year olds the protections afforded to 16s and under, so they don’t accept a caution when it is not necessary as this can be life blighting. They should have access to parents or appropriate adult as well as a lawyer. The Howard League is supporting a judicial review taken by Just for Kids Law against the Metropolitan Police and the Home Office on the issue of appropriate adults and we are awaiting a judgment.
The evidence indicates that taking more people through the protracted and expensive magistrates courts instead of using a caution would be counter-productive and lead to more crime.
April 12, 2013
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Frances Crook ·
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Tags: Police, youth justice · Posted in: Children and young people, Government policy, Police
The death of Melanie Beswick
I was sent this press release by INQUEST, the charity that represents families of people who die in the care of the state, and was so moved that I am reproducing it in its entirety. The family and lawyers are asking questions about what happened to Melanie Beswick while she was in prison, but perhaps the more important question is why she was sent to prison in the first place. Inquests and public inquiries into deaths in prison never hold the sentencing court to account. I remember giving evidence to the public inquiry examining the murder in Feltham of Zahid Mubarek, a first-time prisoner and was five hours from the end of a 90-day sentence for stealing razor blades worth £6. The prison was, rightly, severely criticised for its lack of care, but the magistrates who sent Zahid Mubarek to his death were never called to account for their decision. Inquests and public inquiries should hold magistrates and judges to account for their decisions too.
So this is the press release published on Thursday 11 April 2013 as the inquest into the death of Melanie Beswick starts:
“Melanie Beswick was 34 years old when she died on 21 August 2010. She was found hanging from a ligature made from shoelaces attached to the window of her cell in HMP Send.
In March 2009 Melanie was given a nine month prison sentence for fraud. This was her first offence. Melanie had a long history of depression and self harm, and self harmed on several occasions during her first period of imprisonment. Confiscation proceedings were brought and following her release Melanie was ordered to repay the money she took within 6 months or serve a further 12 month prison sentence in default. Short of selling the family home and making her husband and two young children homeless Melanie could not repay the money in time and was sent back to prison by the court.
She self-harmed on several occasions during her imprisonment and was subject to an ACCT (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) on three occasions. She had also reported bullying on several occasions, and expressed fear that she would not be able to repay the money and so face further imprisonment. On the day of her death, she had been found unresponsive and motionless in her cell and, despite no obviously signs of physical ill health, was taken to hospital, where she became agitated and tried to harm herself several times. The doctor eventually discharged her but instructed that she was at high risk of self harm and needed constant observation and mental health input.
Despite this, on Melanie’s return from hospital that afternoon the duty governor decided that she did not need an ACCT or monitoring. Apparently unknown to him another officer had already begun the process but she was only placed on hourly observations. At about 7.45pm Melanie asked to speak to a Listener (prisoners trained by the Samaritans to support other prisoners in distress) but was told to wait because the on-duty Listeners were busy with other prisoners. At 8.35pm, she was found hanging in her cell and despite attempts to resuscitate her was pronounced dead at 10.02pm at hospital.
Her family hopes the inquest will address the following issues:
- What HMP Send should have known about Melanie’s medical history
- The ACCT process
- The medical care Melanie received in HMP Send and her undiagnosed underlying mental health condition
- How the prison dealt with Melanie’s allegations of bullying
- Information Melanie was given about her sentence
- The care she received at hospital on the morning of the day of her death
- Information breakdown between the hospital and the prison
- The decision of the Deputy Governor not to instigate ACCT monitoring
- The Listener scheme
- The provision of first aid by prison staff
Melanie’s husband, two young daughters, mother and step-father are represented by INQUEST Lawyers Group members Jo Eggleton of Deighton Pierce Glynn and Jesse Nicholls of Tooks Chambers.”
April 11, 2013
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Frances Crook ·
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Tags: INQUEST, Prisons, suicide · Posted in: Inside prisons, Prisons, Sentencing
Children in police stations
Today two families whose 17 year old sons both committed suicide after being arrested are delivering a petition to Downing Street calling for the law to be changed to protect all children in police custody.
The Howard League intervened in the judicial review R (on the application of HC) v Secretary of State for the Home Department and Commissioner of Police for the Metropolis CO Ref 7772/2012 heard in February and we are waiting for the judgment that would change the way 17 year olds are treated in police custody. As interveners we are not commenting on the facts of the individual case.
However, the charity has been conducting research on child arrests and last year held a major national conference on the issue. We were particularly pleased that both ACPO and the Police Federation at our conference publicly supported the principle that 17 year olds should be treated as children in police stations.
This judicial review proceedings were brought by Just for Kids law on behalf of a young person who was denied an appropriate adult on arrest at the police station when he was aged 17. The claimant has argued that not only was the decision not to provide him with an appropriate adult unlawful, but that the general rule that 17 year olds are not provided with appropriate adults when all other children are, is illegal.
Under the Police and Crime Evidence Act 1984 (PACE) 17 year olds are excluded from an automatic right to an appropriate adult and we consider that this is inconsistent with domestic legislation.
If my 17 year old daughter was arrested and held overnight in a police station, I would want to know. If a parent cannot, or will not, attend the police station then police can call on an Appropriate Adult.
The Appropriate Adult role was created under PACE 1984, and is required for the ‘mentally vulnerable’ and juveniles. The Appropriate Adult is required to be present at a number of points, for example: when the child or young person is told their rights and entitlements; when they are interviewed; and when they are charged. In the case of juveniles, the Appropriate Adult will normally be the parent or guardian; when they are unwilling or unable to attend, an Appropriate Adult must be provided by the local authority.
In 1998, Local Authority Youth Offending Teams (YOTs) were made responsible for arranging Appropriate Adult provision.
PACE requires appropriate adults to be provided for all ‘juveniles’ and defines juveniles as people under 17 years of age. Currently, 17 year olds in police custody are not provided with an Appropriate Adult as a matter of course. The police may exercise their discretion to provide 17 year olds with an Appropriate Adult if they are assessed as being ‘mentally disordered or otherwise mentally vulnerable’. Some police forces have a policy of providing Appropriate Adults to 17 year olds in police custody as a matter of course, thereby exercising their discretion to offer the necessary safeguards and protections to children.
The provision of the Appropriate Adult is designed to safeguard against the risk that a child will be deprived of legal entitlements. It assists the child to understand the process at the police station, ensures the child understands their right to have access to a solicitor and understands who the duty solicitor is, and it can also ensure the child does not make the wrong decisions under pressure and is not subject to improper pressure from police or peers.
The law defines children as anyone under the age of 18. Section 105(1) of the Children Act 1989 (the “1989 Act”) was introduced in parallel with the ratification of the UN Convention of the Rights of the Child 1989 (the “UNCRC”). It defines a child as a person under the age of 18 thereby bringing domestic law into line with Article 1 of the UNCRC. Procedural safeguards have developed to ensure that a child defendant’s rights are protected.
The law requires that children be treated differently from adults. This is especially the case where children are at risk of criminal penalties. The law recognises ‘the vulnerability of an accused minor and the imbalance of power to which he is subjected by the very nature of criminal proceedings’. 17 year olds are treated as children in almost all other aspects of criminal law.
The Appropriate Adult is a minimal safeguard that ultimately assists in ensuring a fair procedure, which is to the benefit of all concerned in the criminal justice process. The Appropriate Adult is uniquely placed to look after the child’s best interests and to ensure a minimum level of fairness throughout the process.
The Howard League for Penal Reform has a longstanding interest in ensuring that the criminal justice system is adapted to make sure that young people’s rights and entitlements are observed and children are afforded the protection owed to them. We have done extensive work with and on behalf of children in conflict with the law.
- Every year 75,000 17 year olds are held in police custody. In 2011, the Howard League published research into the overnight detention of children in police custody which called on the government to afford the same protections to 17 year olds in police custody as other children.
- More recently, we have discovered that between 2008 and 2011, more than one million child arrests have been made in England and Wales since 2008.
- In 2011, a child was arrested every two and a half minutes in England and Wales and police made more than 209,000 arrests of boys and girls aged 17 and under. This number includes 2,117 arrests of children who were aged 10 or 11, meaning that on average six primary school children were arrested every day.
- However, the number of children arrested is falling; in 2008, more than 315,000 arrests were recorded. Several police services have reviewed their arrest procedures and policies as a result of the Howard League engaging with them and ten police services have seen their number of arrests more than halve between 2008 and 2011.
The families of Joe Lawton and Edward Thornber are calling for a simple and reasonable change in the law so that parents, or Appropriate Adults, can support their children.
March 28, 2013
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Frances Crook ·
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Tags: Police, United Nations, youth justice · Posted in: Children and young people, Howard League, Police
Prison issue clothing
I spent the day in a prison for boys last week, and whilst I was impressed with the caring attitude of the staff and some of the activities, I was horrified at the rags children were wearing.
Around 1,000 boys aged 15 to 17 at any one time are incarcerated in prisons and they have to wear prison issue clothing. On leaving the sweat box that drives them from court, the boys are made to strip in front of two members of staff and their clothes are taken away. They are issued with grey tracksuit bottoms that have been worn by several other boys. These are baggy and saggy and the ones I saw were ragged and had holes in. They are given t-shirts that also have been worn by other boys and again, these were saggy and worn with colour washed out. There is little attempt to get the clothing to fit. Boys who have not brought enough underwear with them are given prison issue pants, again, that have been worn by several other boys.
They make this clothing last the week when it is sent to be washed and they are handed another lot. Boys tend to rinse out pants in sinks so they don’t have to have someone else’s underwear again.
This matters because how can we expect boys to be clean and respectful when we are making them slouch about in tracksuit bottoms that don’t fit and fall down, and anyway are basically rags.
If the boys don’t bring a coat with them, they don’t get a coat. This means they don’t go outside (you may have noticed, it has been a bit cold recently).
These boys looked like some of those nineteenth century pictures of slum kids, wearing misshapen, worn out, rags. It is shameful.
March 27, 2013
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Frances Crook ·
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Posted in: Uncategorized
Cutting crime and saving dimes
Although the consultation on the Ministry of Justice’s proposals to outsource the majority of the probation service has now closed (you can find the Howard League’s response here), talk of the Transforming Rehabilitation reforms still tops the agenda in criminal justice circles.
Last week the Prisons Minister, Jeremy Wright, attended the Probation Chief’s Association Conference and reiterated the rationales behind the privatisation of probation – a key one of which is cost-cutting. In the consultation, the Ministry of Justice declares that the increased efficiency and innovation that will be brought by the private sector will enable the number of people receiving probation services to increase by 25% whilst the Ministry of Justice simultaneously implements a further £2 billion in budget cuts.
Many assume that the same cost saving logic of the Work Programme also applies to the probation proposals. With the Work Programme, when a previously unemployed person finds a job the government both saves and gains money as that person is no longer in receipt of benefits and is instead paying tax. If you apply that logic to probation, for each person that stops offending the government will save money in court costs as well as the cost of a prison place or community order. However, this assumes that the level of crime dictates the size and cost of the criminal justice system; in reality this is far from the case.
Crime levels in England and Wales have been falling steadily for many years. Recent figures from the Office of National Statistics show that crime* has halved since 1995, but since this time the prison population has increased by over 90% – with the Ministry of Justice budget increasing alongside it. The size and cost of our penal system is a political decision. To date, ministers have refused to contemplate taking more active steps to reform sentencing, thereby reducing the prison population and utilising cheaper and more effective community sentences to save money. No matter how successful Transforming Rehabilitation turns out to be (and we are sceptical that it will be successful at all), significant savings will only materialise if fewer people are sent to prison and prisons are closed.
*To which some might say: ah, but that is only recorded crime. Yet while it may be true that much crime goes unreported, the systems for recording crime in England and Wales are some of the most sophisticated in the world. Recorded crime levels therefore do give a good sense of the overall trend. The government may not always know how to respond properly to crime, but it certainly knows how to count it.
March 26, 2013
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Frances Crook ·
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Posted in: Uncategorized
How are the PCCs doing?
Police and Crime Commissioners were elected last November, some four months ago. So how are they doing?
While some have wide-ranging experience of the criminal justice system, with a few having held heavyweight management posts, most PCCs won election with no experience or expertise in policing. The key problem arising from this inexperience is one of not knowing where the boundaries of their responsibilities reside and, in some cases, what the function and purpose of the police actually is.
Though many of those elected in November were independents, even many of those who represent national parties don’t seem to be subject to the formal structures of local political accountability that a councillor or MP, for instance, would expect. When I was elected as a councillor, I had to account for my decisions and actions to the branch of my local party each month. This important ongoing scrutiny is not in place for many PCCs, irrespective of whether they are linked to a political party or not.
Nor do the PCCs have a wraparound structure as do, for example, local councillors. A newly elected councillor is one of many and there is an infrastructure of administration, policy history and local plans within which they have to work. Whilst it is possible to have maverick councillors, they really can’t go far and inflict much damage.
Many PCCs however, seem to be heading off into the wide blue yonder. I hear terrifying stories about some. One allegedly said that he intended to abolish the witness and victims service when the budget is devolved to him, as he plans to meet all the victims of crime personally. Another seems to be particularly interested in tractors.
They also need to learn about boundaries. Because many know little about policing and the criminal justice system, they don’t know where the limits of their responsibility lie, what other agencies do and where the gaps are. So they move into areas of work being carried out by probation, the CPS, prisons and lawyers.
The ignorance about the law and the rule of law is also frightening. The debates in recent years about the purpose of policing seems to have passed many of them by – naturally, as they have been involved in all sorts of other interesting things.
New magistrates have to undergo serious training. Should PCCs not have been encouraged to do just a little? Too many are acting like the little silver ball in the pinball machine, and that is not good for anyone.
March 18, 2013
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Frances Crook ·
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Posted in: Police
Funding women’s centres
I was tweeted by @antoniabance picking up my comment about how women’s centres should be funded following my last blog. She argued that it was preferable to have one main source of funding for women’s centres and that NOMS, or the justice system, should bear the main burden of this. Whilst I understand her point, I don’t agree, and here’s why.
The great success of women’s centres has been that they deal with the whole person responding to whatever the need is and whenever it is needed. This means that a woman who is in debt can get financial planning and benefits advice. A woman with a drug habit is provided with appropriate support and this may take many months, or even years, including inevitable relapses. A woman with an abusive partner can be helped to find a refuge to live in and eventually long term housing, and maybe even get her children back. Problems with literacy, mental health, dentistry and getting a GP, social interaction and friendships, work and training, the list goes on. These are all the bread and butter of women’s centres and what they have dealt with for decades. It is only recently that some of them – by no means all – have added to this panoply of services the delivery of court ordered sentences.
Some of the well-established centres have refused to deliver sentences, arguing that any offences committed by the women they help are a symptom of deep seated problems that can be solved in a different way and that should they dirty their hands with inflicting punishment on the women they will lose their trust.
The women’s centres who have taken justice money and deliver sentences have found ways of linking the sentences into the positive work they do and have placed it within the wider services.
I agree that any criminality is a symptom of complex problems in the women’s lives, and whilst I admire and respect the women’s centres who refuse to take the justice shilling, I think the job being done by the centres who deliver sentences is amazing. If we want to keep women out of prison, then we have to offer this alternative to the courts.
So to the issue of funding.
There are three issues. It is risky for any organisation to rely on one source of funding. This is particularly critical when groups are bidding for short-term contracts. The loss of one funding stream means disaster.
Secondly, a multiplicity of funding streams provides more independence and flexibility.
Finally, as I have argued, the services to these women are not about court sentences; whilst may form a part of what happens, it is not what works or changes lives.
Of course the justice system should pay up, but so should the NHS, charitable trusts and local government.
March 8, 2013
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Frances Crook ·
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Posted in: Women in the penal system
Community responses to women who offend
A Parliamentary hearing yesterday was given evidence from women’s centres about their success at turning damaged lives round and how this good work will be destroyed by a funding model based on simplistic payment by results.
The Howard League supports the work of the All Party Parliamentary Group on Women in the Penal System which has launched an inquiry into community responses to women who offend. The first meeting heard from Clare Jones, CEO of the women centre in Calderdale and Kirklees; Rose Mahon from Isis in Gloucester, and Hannah Mahoney from Eden House in Bristol. Between them, these centres have helped hundreds of women transform their lives from chaos and abuse to a crime free, useful and happy life. Importantly they have also saved the taxpayer millions.
Yet this work is under threat. Funding from the Ministry of Justice has fallen and cash-strapped local probation services have allocated short term funding, when that ends, no one knows what will happen.
The women’s centres rely on a complex web of funding from local authorities, department of health, charities, police and many other sources. This works well as it complements the diverse services the women’s centres offer, based not on delivering programmes but on individual need and circumstance.
The MPs and Peers, including representatives from four political parties and a bishop, heard about one woman, a street drinker, who had a history of being arrested weekly and going to A & E regularly. She was in a violent and abusive relationship and had been badly hurt by her partner. Not only was this woman suffering, but she was costing the state hundreds of thousands in criminal justice and health interventions. Her time at the women’s centre transformed her so that she is now not drinking and is volunteering in a charity to help other women.
Another woman, Betty, was a long time heroin addict who shoplifted to feed her habit and that of her violent boyfriend. She was in a spiral of sentences from the courts and abuse by her boyfriend who was making her have sex with other men to get the money for his drugs. At the women’s centre she got all the help she needed and was able to take charge of her life. Months later she is clean of drugs, has been to the dentist to get her teeth fixed and is taking pride in her life and appearance.
Services have to be gender specific. Women need to be safe and with other women. We cannot ask them to get their methadone prescriptions queuing up with the men who abuse them. The women’s centres must be protected, supported and properly funded.
March 7, 2013
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Frances Crook ·
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Tags: APPG on women in the penal system · Posted in: Community progrmmes, Howard League, Women in the penal system
Tagging of children
The Howard League has discovered that 184 children released from secure children’s homes and privately run secure training centres between March and December 2012 were made to wear electronic tags and subjected to a curfew, even though they had served their custodial sentence.
Our concerns were that many of these children are simply set up to fail. There is no evidence that tagging works and we know that breach rates for children on tag are high at around 40 per cent. A significant proportion of children locked up at any one time are there for a breach rather than a new crime.
The policy governing the use of the Intensive Supervision and Surveillance (ISS) tag when a child is released from prison (Detention and Training Order) is too vague and is applied inconsistently.
In December 2012, our legal team worked with two children who were affected by this issue.
The first concerned a young person, Andrew, who contacted our advice line and who we referred to a firm of solicitors for assistance. He was a vulnerable 16 year old boy, ostensibly looked after by his local authority, who had previously failed in education and been breached on an ISS awarded as a community sentence. In custody, however, he started to do education and found that he liked it and was good at it. Although he got into some trouble in the beginning of his sentence, by the end of his time all the professionals recommended that he should be released early. The Secretary of State disagreed. At the final professionals’ meeting before his midpoint release, his YOT worker informed him that he would be released on an electronic tag anyway. Andrew had not heard about this before. Neither he nor the advocate who was at the meeting with him had any idea that he could challenge it. It later appeared that this decision may simply have stemmed from the fact that the original plan had been for him to be released early on tag. Later on it was suggested that he required the tag to provide him with ‘structure’ in the absence of any planned education or activities as he was moving to a new area and things had not yet been put in place! In any event, there was a lack of accountability in the process as it appeared that while the Secretary of State was ultimately responsible for issuing the licence, the real decision was made by the YOT.
The second case concerned a young person, Bernard, who was due to be released at his mid-point with a door step curfew but was informed the day before his release that he would be on an ISS with a tag. He was not properly consulted about this and there appeared to be no evidence to justify it. Our lawyers challenged both the Secretary of State and the local authority. The decision was reversed.
Our evidence shows that children who have been given tags and curfews as a sentence and find it impossible to comply with stringent conditions are then sent to prison but are given the same sentence of tag and curfews again afterwards – a triple whammy!
We have had meetings with the Youth Justice Board and have written to say that things need to change. We suggest:
(i) The need for clear lines of accountability. At the moment the Secretary of State is responsible in law and it appears that the local authority, in the guise of the YOT, is making the decision and it is not properly held to account.
(ii) The need for revised policy and guidance to assist with consistent, proportionate and fair application of the policy. The current guidance is too broad and interpreted inconsistently. Tagging is a punishment and it should be imposed only by a court and as a last resort.
(iii) The need for a clear procedure so that young people can participate in the decision making process and understand that they can challenge it if they wish.
(iv) Young people should have a chance to be involved in the process and understand that they can challenge this serious imposition on liberty if they wish. This is a procedural requirement of Article 8 of the ECHR.
(v) The need for proper evidence that tagging and curfews on children has any impact. It is about time we did some proper scientific trials on the way we punish children instead of just making things up.
February 14, 2013
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Frances Crook ·
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Tags: Tagging, youth justice, Youth Justsice Board · Posted in: Children and young people, Government policy, Uncategorized
